USPTO Patents Application 10728560

AoDlication No

Applicant(s)

1

*

Notice of Allowability

DIGIANFILIPPOETAL

Examiner

Art Unit

Zoila E. Cabrera

2125

- The MAILING DATE of this communication appears on the cover sheet with the correspondence address*-
All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.

1 . K This communication is responsive to Tenninal Disclaimer filed 1 1/26/07 .

2. S The allowed claim(s) is/are 1-21 ,

3. □ Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 1 19(a)-(d) or (f).

a) □ All b) □ Some* c) □ None of the:

1. □ Certified copies of the priority documents have been received.

2. □ Certified copies of the priority documents have been received in Application No. .

3. □ Copies of the certified copies of the priority documents have been received in this national stage application from the

Intemational Bureau (PCT Rule 17.2(a)).
* Certified copies not received: .

Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements
noted below. Failure to timely comply will result in ABANDONMENT of this application.
THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.

4. □ A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF

INFORMAL PATENT APPLICATION (PTO-162) which gives reason(s) why the oath or declaration is deficient.

5. □ CORRECTED DRAWINGS ( as "replacement sheets") must be submitted.

(a) □ including changes required by the Notice of Draftsperson's Patent Drawing Review ( PTO-948) attached

1) □ hereto or 2) □ to Paper No./Mail Date .

(b) □ including changes required by the attached Examiner's Amendment / Comment or in the Office action of

Paper No./Mail Date .

Identifying indicia such as the application number (see 37 CFR 1 .84(c)) should be written on the drawings in the front (not the back) of
each sheet. Replacement sheets) should be labeled as such in the header according to 37 CFR 1.121(d).

6. □ DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the

attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.

Attachment(s)

1 . □ Notice of References Cited (PTO-892)

2. □ Notice of Draftperson's Patent Drawing Review (PTO-948)

3. □ Information Disclosure Statements (PTO/SB/08).

Paper No./Mail Date

4. □ Examiner's Comment Regarding Requirement for Deposit

of Biological Material

5. □ Notice of Informal Patent Application

6. □ Inten/iew Summary (PTO-413),

Paper No./Mail Date .

7. □ Examiner's Amendment/Comment

8. lEI Examiner's Statement of Reasons for Allowance

9. □ Other .

U.S. Patent and Trademark Office
PTOL-37 (Rev. 08-06)

Notice of Allowability

Part of Paper Nc/Mail Date 20071015

Application/Control Number: 10/728,560 Page 2

Art Unit: 2125

DETAILED ACTION
Allowable Subject Matter
1. Claims 1-21 are allowed.

The following is an examiner's statement of reasons for allowance: The
allowability of the claims resides, at least in part, that the prior art of record does not
disclose or suggest, alone or in combination the step of:

As for independent claim 1, scanning a bar code of said installed plurality of
source solutions; scanning a bar code of respective ones of transfer tubing
adapted to be coupled to said plurality of source solutions; comparing the
scanned information of the installed plurality of source solutions and transfer
tubing with an expected configuration; either permitting the operator to
commence compounding if the comparison Is valid or preventing the operator
from compounding if the comparison is invalid, in combination with the other
elements and features of the claimed invention.

As for independent claims 2, 3, 5, 20 and 21 a) determining whether said
plurality of source solutions conform to a predetermined mounting order on said
compounding device; b) at least one of providing an alert to an operator and
preventing compounding based on said determining step a), in combination with
the other elements and features of the claimed invention.

As for independent claim 6, selecting at least one of an infusion ramp-up time
and a ramp-down time for dispensing the compounded mixture, in combination
with the other elements and features of the claimed invention.

Application/Control Number: 10/728,560 Page 3

Art Unit: 2125

As for independent claim 11, determining a state of motion of a plurality of
pump elements of said compounding device; generating a first alert signal if any
of said plurality of pump elements are in a state of motion that should otherwise
be stationary, said alert advising of a defective compounded mixture; and
generating a second alert signal if any of said plurality of pump elements are in a
stationary state that should otherwise be in motion, in combination with the other
elements and features of the claimed invention.

As for independent claim 16, advising a user of at least one of maintenance
procedures and replacement of component parts of the compounder device;
receiving input from said user responsive to said advising step and preventing
further processing of said compounded misture until said input from said user
indicates compliance with said advising step, in combination with the other elements
and features of the claimed invention.

As for independent claim 17, providing the user with an inventory of mixture
receptacles for selection; receiving an input from the user for selecting a desired
mixture receptacle; comparing said selection with a volume of said desired
compounded mixture based on said mixture inputs of step e); and generating an
alert to said user if said volume of said desired compounded mixture exceeds a
volume of said selected mixture receptacle and preventing further processing
until an alternate selection of a mixture receptacle is made that will accommodate
said compounded mixture, in combination with the other elements and features of the
claimed invention.

•Application/Control Number: 10/728,560

Page 4

Art Unit: 2125

Any comments considered necessary by applicant must be submitted no later
than the payment of the issue fee and, to avoid processing delays, should preferably
accompany the issue fee. Such submissions should be clearly labeled "Comments on
Statement of Reasons for Allowance."

2. Any inquiry concerning this communication or earlier communications from the
examiner should be directed to Zolla E. Cabrera whose telephone number is 571-272-
3738. The examiner can normally be reached on M-F from 8:00 a.m. to 5:30 p.m. EST
(every other Friday).

If attempts to reach the examiner by telephone are unsuccessful, the examiner's
supervisor, Leo Picard, can be reached on (571) 272-3749. The fax phone number for
the organization where this application or proceeding Is assigned is 571-273-8300. Any
inquiry of a general nature or relating to the status of this application or proceeding
should be directed to the receptionist whose telephone number is 703-305-9600.

Conclusion

Zolla Cabrera
Primary Examiner
December 10, 2007

ZOlU CABRERA
PRIMARY EXAMINER
TECHNOLOGY CENTER 2100